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AN ACT 



FOR THE ABOLITION OF 



FEUDAL RIGHTS AND DUTIES 



IN 



LOWER CANADA. 



CAP. III. 




QUEBEC: 

PRINTED BY STEWART DERBISHIRE AND GL RGE DESBARATS, 

Law Printer to the Queen's Most Exc( ' nt Majj8ty. 

1854. 




ANNO DECIMO-OCTAVO 

VICTORIA BEGIN* 



CAP. III. 

An Act for the abolition of feudal rights and duties in 
Lower Canada. 

[Assented to 18///, December, 1S54.] 
Preamblp. "\¥7H^REAS it is expedient to abolish all feudal rights and 
V Y duties in Lower Canada, whether bearing upon the 
Censitaire or upon the Seignior, and to secure fair compensation 
to the latter for every lucrative right which is now legally his, 
and which he will lose by such abolition ; And whereas in 
consideration of the great advantages which must result to the 
Province from the abolition of the said Feudal Rights and 
duties and tiic substitution of a free tenure for that under 
which the property subject thereto hath heretofore been held, it is 
expedient to aid the Censitaire in the redemption of the said 
charges, more especially as regards those which while they 
press most heavily on industry and enterprize, cannot from 
their very nature be otherwise made immediately redeemable 
without grievous hardship and injustice in many cases : 
Be it therefore enacted by the Queen's Most Excellent Ma- 
jesty, by and with the advice and consent of the Legislative 
Council and of the Legislative Assembly of the Province of 
Canada, constituted and assembled by virtue of and under 
the authority of an Act passed in the Parliament of the United 
Kingdom of Great Britain and Ireland, and intituled, An Act 
to re-unite the Provinces of Upper and Lower Canada, and for 
the Government of Canada, and it is hereby enacted by the 
authority of the same, as follows : 

Act3 8V. j The Act passed in the eighth year of Her Majesty's 

Reign, intituled, An Act the better to faeUi tale optional commuta- 
tion of the tenure of lands en roture in the Seigniories and Fiefs 
in Lower Canada, into that of franc-aim rotnrier, and the Act 
passed in the twelfth year of Her Majesty's Reign, and intituled, 
And 12 V. An Act to amend the Act passed in the eighth //ear of Her 
c. 49, Majesty's Reign, intituled, ' An Act the belter to facilitate 

1 optional commutation of the tenure of lands en roture in the 
' Seigniories and Fiefs in. Lower Canada, into thai offranc-aleu 
Repealed as ' roturierj shall be and they are hereby repealed in so far as 
regards Seig- recrart | s ]\ ]C Seiimories to which this Acl applies : but deeds of 

niones to o . ° , . . . , * J , ■. ... 

which this commutation granted or otqer things done under them shall 
Act extends, remain in full force and have the same effect as if the said Acts 
had not been repealed. 

DETERMINATION 



1854. Seigniorial Act of 1854. Cap. 3. \ { 

DETERMINATION OF THE PRICE TO BE PAID BY SEIGNIOR ANB 
I -K.VSITAIRE FOR THE COMMUTATION OF THE TENURE OF THEIR 
PROPERTY. 

II. It. shall be lawful for the Governor to appoint Commis- Governor to 
sioners under this Act, and from time to time to remove them, appoint Com- 
and to appoint others in the place of any so removed, or dying aiissioners. 
or resigning office ; and each of the said Commissioners shall, 

before entering upon the duties of his ollice, take and sub- 
scribe, before a Judge of the Superior Court, the following 
oath : 

" [, , swear that I will faithfully, and without Their oath of 

" partiality, fear, favor or affection, perform my duty as Com- office. 
" missioner under the Seigniorial Act of 1854." 

III. The said Commissioners shall receive for their ser- Remuneration, 
vices under this Act, and for their necessary expenses and dis- 
bursements, such compensation as shall be allowed to them 
respectively by the Governor, and no other fees or emoluments 
whatsoever. 

IV. Each of the said Commissioners shall and may act as Commis- 
such in any part of Lower Canada, and they shall be aiding sioners to act 
to each other, so that any one of them, if need be, may con- glories i- 
tinue and complete the work begun by any other of them ; signed to them 
but subject to this provision the Governor may, from time to respectively, 
time, assign the Seigniory or Seigniories in and for which 

each of them shall act. 

V. It shall be the duty of each of the said Commissioners They shall 
to value the several rights hereinafter mentioned, with regard make-a Sche- 
to each Seigniory which shall be assigned to him as aforesaid Seigniory 
by the Governor, and to draw up in tabular form in triplicate, a she 
Schedule of such Seigniory, shewing : 



lewin; 



1. The total value of the Seigniory, that is to say of all the pro- The total 
perty and lucrative rights which the Seignior holds as such, value of the 
whether as Seignior dominant of any fief held of him as such el S mor yi 
Seignior or otherwise, including in such total value, the value 

of the rights of the Crown ; 

2. The value of the rights of the Crown in the Seigniory, in- The value of 
eluding the value of the droit de quint, and all other valuable [{jeC?o^L°' 
rights of the Crown therein as Seignior dominant, or by reason therein; 

of any reservation in the original grant of the Seigniory, and 
any difference between the absolute value in franc-alcu roturier 
of all unconceded lands, waters and water powers in the Seig- 
niory, and appertaining thereto, and the value of the Seignior's 
therein, as they may be ascertained by the decisions of 
(ie prpyji iORfi !!''"i!i!(ter'iiiado ; 



12 



Cap. 3. 



Seigniorial Act of 1854. 



18 Vict. 



And of those 3. The value of the lucrative rights of the Seignior dominant, 
of any other f wnom the Seigniory for which the Schedule is made may be 
naS^ m " h^d, if the Seigniory be an arriere-fief ; 

The yearly 4. The yearly value of the Seigniorial rights upon each land, 

value of the tlia.t is to say, each parcel of land originally conceded as 

rights on each a separate lot, or actually owned at the time of making the 

lot; Schedule by a separate person ; entering severally, — the 

yearly value of the lods el ventcs, — the yearly value (if any) of 

the droit de banalilc, and of the exclusive right to build mills 

in the Seigniory, as distinguished from the right to the water 

powers, if such rights be recognized by the decision of the 

Judges who are to enquire of the same as hereinafter provided, 

but not otherwise, — the yearly value of the cens ct rentes and 

other fixed rights, and of any other legal charges to which the 

land may be subject ; but the droit de retrail shall not be deemed 

a lucrative right ; 

The extent of 5. The extent of such land according to the title of the owner, 
each lot; if produced, and whether it is held for agricultural purposes, 
or is a mere emplacement or building lot ; 



How the 
charges on 
any lot shall 
be determin- 
ed; 

And its ex- 
tent ; 



6. In determining the Seigniorial charges to which each land 
is subject, the Commissioner shall be guided by the title of the 
owner from the Seignior, subject to the decision of the Judges 
hereinafter mentioned, if such decision shall in any way limit 
the rights of the Seignior under the said title ; and in the ab- 
sence of the title of the owner, the Commissioner shall deter- 
mine the extent of the land and the Seigniorial charges to which 
it is subject by such Books, Plans, proces-verbaux, or other 
secondary evidence as he may be able to procure ; 



How each lot 
shall be des- 
cribed in the 
Schedule ; 



Commuted 
lands how to 
be entered. 



General rules 
for valuation. 



Cens el rentes 
and annua) 
charges, 



7. Each land shall be described in the Schedule by the num- 
ber, and concession, under which it stands in the land-roll 
of the Seignior, (or if it bear no such description therein, 
then by the best brief designation the Commissioner can assign 
to it,) and the name of the owner as it appears on the land-roll, 
and in default of information on any of the said points, 
the Commissioner may describe it in such manner as he may 
think most convenient, provided he assign to each land a 
separate and distinct number ; 

8. The Commissioner shall also include in the Schedule all 
lands in regard to which the Seigniorial Rights have been 
commuted, and write opposite thereto the word " Commuted" 
only. 

VI. In order to determine the value of the Seigniorial rights 
on lands held en rolure, the Commissioner shall observe the 
following rules, namely : 

1. The amount of the cens ct rentes and annual charges shall 
be taken as the yearly value thereof ; and if any of such rents 



1854. Seigniorial Act of 1854. Cap. 3. X3 

or charges be payable in grain, fowls or other provisions or 
fruits of ihe earth, their average value shall be computed ac- 
cording to the average price of articles of the same kind, taken 
from the books of the merchants nearest to the place, or ascer- 
tained in any other manner the Commissioner shall think 
most equitable ; to establish such average year, the fourteen Average year, 
years immediately preceding the period at which the valuation 
is made, shall be taken, the two highest and the two lowest 
shall be struck out, and ihe average year shall be established 
on the ten remaining years; the value of personal labour 
(corvees) shall be estimated in the same manner; 

2. In order to establish the yearly value of the casual Casual rights, 
rights, an average year of their value shall be computed for 
each of the two classes of lands hereinafter mentioned, 
upon the ten years immediately preceding the passing of this 
Act, and the amount of the valuation of the said average year 
shall be the yearly value of the said casual rights for all the 
lands in the Seigniory of the same class ; and the Commis- Value of lods 
sioners in estimating the yearly value of the lods ct ventes in ct ventes on 
any Seigniory, shall distinguish those accruing on lands held J^ds and a 



<>n 



as emplacements or building lots or for other than agricultural emplacements 
purposes, which shall form one class, from those on lands held tobedistin- 
for agricultural purposes, which shall form another class ; and glus eu " 
the Commissioner shall apportion the yearly value of the lods ct How appor- 
ventes on each class, upon the lands belonging to that class, lonec - 
charging each land with a portion thereof proportionate to its 
value with regard to lands held as emplacements or building 
lots, or for other than agricultural purposes, and proportionate to 
its extent with regard to lands held for agricultural purposes : 
and any rente expressly charged in any Deed of partial As to rente 
commutation under the Acts hereby repealed, as an indemnity representing 
to be paid by the Censitaire instead of lods et ventes, shall be u n d e fdeed of 
held to represent the value of the right to lods el ventes on the commutation. 
land referred to, and shall be entered and dealt with in all 
respects accordingly ; 

3. In order to establish the yearly value of the droit de j} ro u f i e 
banalite and the exclusive right of having mills in the Sei- banalitt. 
gniory, (independently of the right to the water power,) if any 

such rights be recognized by the said Judges as aforesaid, the 
Commissioner shall estimate the probable decrease (if any) in 
the nett yearly income of the Seignior from his mills, to arise 
from the loss of such right, and the said sum shall be deemed 
the yearly value of such right, and shall be apportioned upon 
the lands subject to the said right in proportion to their extent ; 

4. Any other rights shall be valued according to the revenue other rights, 
or profits which may have accrued therefrom to br ascertained 

by the Commissioner in such manner as he shall deem most 
equitable, and shall be charged upon the lands subject thereto 
respectively ; 



14 Cap. 3. Seigniorial Act of 1854. 18 Vict. 

Yearly value 5. The yearly value of each class of rights upon each land, 

°x aU n s h J* to shall become a rente constitute charged upon the same as the 

into a rente compensation payable to the Seignior thereof, and ilie total 

constitute, on amount of such rentes constitutes on any land, after the 

eachland. deduction to be made therefrom as hereinafter provided, 

shall be payable to the Seignior yearly, at the time and 

Whenpayable. place where the ecus et rentes on such land are now payable, 

unless it be otherwise agreed between the Seignior and the 

Censilaire, and shall accrue from the day on which notice of 

the deposit of the Schedule of the Seigniory shall be given in 

the Canada Gazette, on which day the present ecus et rentes 

and other annual charges upon the laud shall cease to 

As to broken accrue ; and both they and the rentes constitutes under this Act 

periods. shall accrue rateably for any broken period less Mian a year, 

during which they may exist ; 

Value of the 6. The value of the rights of the Seignior Dominant in any 
rights oi Sei- amire-jief. shall form the capital of a. rente constitute payable 
-/M/nMo be the yearly by the Seignior of the arriere-fief, on the day of the 
capital of a date of the publication in the Canada Gazette of the notice of 
Sftm'aMe me ^ e P oslt °f tne Schedule of such arricre-jicf and accruing 
to him." from the day of such publication ; but out of the moneys coming 

to the Seignior of the ccrriere-fief, from the Provincial aid herein- 
His share in after mentioned, a sum bearing the same proportion to the whole 
tided bTtrufT °^ sllcn mone V R as tne value of the rights of the Seignior Domi- 
Act. nant in such arridre-fief bears 1o the value set upon the Seigni- 

orial rights of the Seignior servant in such arridre-fief, shall 
belong to the Seignior Dominant, and his said rente constitute 
shall be diminished by the amount of the yearly interest at 
six per cent per annum, of the sum so coming to him out of 
the said Provincial aid ; 

Ca?Hial rights 7 # ^ nc ] m estimating the value of the casual rights of the 

how valued!" Crown in relation to each Seigniory, the Commissioner shall be 

guided, as nearly as possible, by the same rules as are hereby 

prescribed for the determination of the yearly value of the 

casual rights of the Seigniors. 



Notice by the VII. Before beginning to prepare the Schedule for any 
Commissioner Seigniory, the Commissioner entrusted with that duty, shall 
mencinghis S lve P UDilc notice of the place, day and hour, at which he will 
inquiry. begin his inquiry ; and such notice shall be made by pla- 

cards and publications in the English and French languages, 
at the door of every parish Church in such Seigniory, during 
four consecutive Sundays at the conclusion of divine service 
in the forenoon, or by placards in both languages, posted 
during four consecutive weeks, in the most frequented place 
in any Seigniory in which there shall be no church. 

Ho may enter VIII. It shall be lawful for the Commissioner to enter upon 
"he pilrposer' a11 lands situate in the Seigniory the Schedule whereof is to bo 

,Vthe inquiry, made by hirn^ 'm orclor to make such exajnin 



1854. Seigniorial Act of 1854. Cap. 3. J 5 

may be necessary, without his being subject in respect thereof to 
any obstruction or prosecution, and with the right -) command 
the assistance of all Justices, Peace Officers and others, in order 
to enter and make such examination, in case of opposition. 

IX. The said Commissioners, and each of them separate- Powers of the 
ly, shall have full power and authority to examine on oath any Commis- 
person who shall appear before them, or any of them, either as a i ng informa- 
party interested or as a witness, and to summon before them, or tion. 

any of them, all persons whom they or any of them may deem 
it expedient to examine upon the matters subject to their con- 
sideration, and the facts which they may require to ascertain in 
order to carry this Act into effect, and to require any such 
person to bring with him and produce before them or any of them 
any Book, Paper, Plan, Instrument, Document or thing men- 
tioned in such summons, and necessary for the purposes of this 
Act : And if any person so summoned shall refuse or neglect Punishment of 
to appear before them, or before the Commissioner who shall persons refu- 
have summoned him, or appearing, shall refuse to answer any before°them, ai 
lawful question put to him, or to produce any such Book, Paper, or to give in- 
Plan, Instrument, Document or thing whatsoever which may formation. 
be in his possession, and which he shall have been required 
by such summons to bring with him or to produce, such person 
shall for every such refusal or neglect incur a penalty of not less 
than ten nor more than fifty pounds currency, payable to Her 
Majesty, to be recovered with costs upon summary plaint by such 
Commissioner before any Judge of the Superior or Circuit 
Court, and in default of immediate payment shall, by warrant 
of such Judge, be apprehended and committed to the Common 
Gaol of the District for a period not exceeding one calendar 
month, 

X. Whenever the Commissioner charged with the making Value may be 
of the -Schedule of a Seigniory shall be of opinion that the rules estimated by 
prescribed in this Act lor determining any value which he is ^ x P^ h ^ 

° r J . lequneu by 

hereby required to determine, do not form an equitable basis Seigniors or 
for determining the same, or when the Seignior, or not less Censitaires. 
than twelve Censitaires of the Seigniory, shall call upon the 
said Commissioner in writing, within a period not exceeding 
eight days after the day fixed for the commencement of the How such 
inquiry by the Commissioner, requiring that experts be ap- ^appomtel 
pointed to determine the value of the Seigniorial rights therein, 
the said Commissioner shall eall a public meeting of the 
Gensitaires of the Seigniory, at such place therein, and on 
such day and at such hour, as shall be specified in the public 
notice thereof, which he shall give in the manner prescribed by 
this Act with respect to the commencement of his inquiry, for 
the purpose of appointing two experts^ one of whom shall be 
appointed by the Seignior and the other shall be elected by the 
majority of the Censitaires present at such meeting; and in 
case the Seignior or his agent, shall not be present at the 
said meeting, or being present, shall refuse or neglect to 

appoint 



lg Cap. 3. Seigniorial Act of 1854. 18 Vict. 

appoint an expert, the said Commissioner shall appoint one on 
behalf of the Seignior, and such expert shall have the same 
powers as he would have had if he had been appointed by 
the Seignior, and in the event of the Censitaires refusing or 
neglecting to appoint an expert on their behalf, the Commis- 
sioner shall in like manner appoint an expert to act for them. 

Powers of 2. The two experts so appointed shall have and exercise the 

experts. same powers with respect to the valuation of the Seigniorial 

They shall not rights as could be exercised by the Commissioner himself, ex- 
he hound by ce pt that they shall not in any case be bound by the rules afore- 

ruLs° reg ° inS sa ^ '•> anc * me sa *°- two ex P er ^ s shall appoint a third expert, 
but in case the two experts shall not agree upon the person 
rhird arpert, tQ be ^ ^.j expert, then any Judge of the Superior 
Court in the District in Avhich the Seigniory or the greater 
part thereof lies, shall, on the application of either expert, 
idler three clear days' notice to the other, appoint such third 
The value expert : and the sums fixed by any two of such experts as the 
fixed by them yearly value of the Seigniorial rights respectively, shall be 
to be entered taken by the Commissioner as the value thereof, and shall be 
dule. 6 ° " apportioned by him in the manner hereinbefore prescribed, 
upon or among the lands subject to such rights ; and the Com- 
missioner shall mention in the Schedule that the value was 
determined by Expertise. 

Soh> expert 3. Provided that when the Seignior and the Censitaires shall 

maybechosen. a g Tee to appoint and elect, or shall appoint and elect one and 
the same expert, such sole expert shall have the same powers 
as the three experts would have had, and his decision shall be 

Commissioner fi na } . \n& provided also, that the Commissioner may be ap- 

™Id*lpert.° r pointed either third expert or sole expert. 



provided for. 



Case of experts 4. In the event of one of the said experts dying, becoming in- 
dying, &c., capacitated, or refusing to act, the appointment or election of 
another in his stead shall be proceeded with in the manner 
above prescribed, excepting that it shall not be necessary to call 
a public meeting of the Censitaires for the appointment of an 
expert in the stead of the person representing the Seignior ; 
but if the Seignior refuse, or neglect during eight days to 
appoint another expert, after having been required so to do by 
the Commissioner, the Commissioner shall appoint an expert 
on behalf of the said Seignior. 

And if the 5 jf the Commissioner be appointed third expert or sole 

be the Expert* expert, then if he be prevented from acting by any cause, the 
Commissioner who shall be directed by the Governor to con- 
tinue the proceedings in the Seigniory, shall be third expert or 
sole expert in the place of the former Commissioner. 

Fees of 6. The said experts shall be entitled to receive, out of the 

experts. funds provided by this Act, such fees as the Commissioner shall 

deem proper to tax, provided that they do not exceed the sum of 

fifteen 



1854- Seigniorial Act of 1854. Cap. 3. 17 

fifteen shillings for each day of necessary attendance. And Commissioner 
the said fees shall be paid by the Receiver General upon the excepted, 
certificate of the Commissioner. 

XI. The said Commissioner, immediately after the making of Notice that 
the Schedule of a Seigniory, shall give eight days' public notice Schedule is 
in the manner prescribed by the seventh Section of this Act, that Section? "*" 
such Schedule will remain open for the inspection of the Sei- 
gnior and the Censitaircs of the Seigniory during the thirty days 
following the said notice ; and during that time the Commis- inspection, 
sioner may correct any error and supply any omission which and correction 
maybe pointed out to him by any party interested, or which oferrors> 
shall come to his knowledge in any other manner, but he shall 

not alter any value determined by expertise without the consent 
of the majority of the experts or of the sole expert ; 

2. The proprietor or possessor of the Seigniory may appear who may ap- 
either in person or by his agent, before the Commissioner, for peartodemand 
the purpose of having any error corrected which may have crept c0rrectl0Ils * 
into the said Schedule ; and for the like purpose the Censitaircs 

of the Seigniory may appear before the said Commissioner by 
their agent; to be appointed by a majority of the Censitaircs of 
the Seigniory present at a meeting called for that purpose by any 
three or more of the Ccnsitaires thereof, eight days' public notice 
thereof having been previously given in the manner prescribed 
in the seventh Section of this Act ; 

3. But no Schedule shall be completed until the Judges of Schedule not 
the Special Court shall have given judgment upon the Questions to be coin- 
to be submitted to them as hereinafter mentioned ; and in the y^^f io l "tg l1 
event of any of the decisions pronounced by the said Special Rights are 
Court, being reversed or altered upon appeal to the privy Coun- decided, 
cil, the Commissioners forming the Court of Revision of Sche- 
dules hereinafter mentioned shall alter and amend the Sche- 
dules accordingly ; 

XII. It shall be lawful for the Governor, by letter under Four revising 
the signature of the Provincial Secretary, to select from the Commis- 
Commissioners so to be appointed, four of their number, ofJSSSd. ■* 
whom any three shall form a Court for the revision of Schedules 

made under this Act, and in like manner from time to time to hree to Slt 
remove them and to appoint others in the place of any so 
removed, dying, resigning office or being incapacitated to act ; 

2. The decision of any two of the Commissioners so selected, Two may 
whether the others be present or not, on any matter relating to declde - 
the revision of any Schedule made under this Act, shall be final ; 

3. In making such revision the Commissioners shall proceed They may 
summarily, but they may order any evidence to be adduced require eVi- 
which they may think requisite to enable them to pronounce a 

OOrcecl ...on and for that purpose shall have the |amj 



18 



Cap. 3. 



Seigniorial Act of 1854. 



18 Vict. 



Not to revise 4. No Commissioner so selected shall sit in revision of any 



their own Schedule made by him ; 

Schedules. J 



When and 5. And no revision of any Schedule shall be allowed unless 

how a revision a pp]i ca ij on be made for the same within fifteen days from the 

may be ob- 1*. . r . „ , -, ,-r-n i « , • c 



may- 
tain ed. 



expiration of the time allowed under the Eleventh Section of 
this Act for the 'correction thereof by the Commissioner by 
whom it was made ; and every such application shall be made 
by a Petition presented on behalf of the party interested to 
the Governor, specifying the objections made to such Schedule 
and the amendments demanded, and praying for the revision 
thereof; 



How Sche- 
dules shall be 
referred to 
them for 
revision. 



6. Upon ihe receipt of any such Petition, the Provincial 
Secretary shall refer the same to the Commissioners forming 
the Court of Revision aforesaid, whose duty it shall be, after 
having given eight days' notice in the manner provided by the 
seventh Section of this Act, to proceed to revise the Schedule 
therein mentioned, and if they find any error to correct the same, 
in so far as, but .no farther than, it shall have been so specially 
objected to ; but they shall not alter any value determined by 
expertise without the consent of the majority of the experts or of 
the sole expert ; 



Costs against 
party wan- 
tonly requir- 
ing a revision. 



7. The said Court of Revision may award and tax costs 
against any party who may in their opinion have demanded 
or opposed the revision of the Schedule without reasonable 
cause, and such costs may be recovered on the certificate of 
any one of the said Commissioners as a debt due by the party 
against whom they shall have been awarded, to the party in 
whose favour they have been taxed. 



Notice of com- 
pletion and 
deposit of 
Schedule with 
the Receiver 
General. 

Triplicates 
how disposed 
of. 



Copies and 
extracts to be 



XIII. As soon as the Schedule of a Seigniory shall be 
completed in the manner hereinbefore provided, the Com- 
missioner who shall have made it shall transmit a triplicate 
thereof to the Receiver General of this Province ; he shall 
deposit another triplicate in the office of the Superior Court in 
the District in which the Seigniory is situate, or if such Sei- 
gniory be situate in two Districts, then in the office of the said 
Court in that District in which the greater part of such Seigniory 
is situate ; and shall retain the other triplicate in his hands 
until it shall be otherwise provided by law ; and he shall give 
public notice of his having so deposited the same, in the terms 
of the form A, annexed to this Act, or in other terms of like 
import, in the English and French languages in the Canada 
Gazette, or other newspaper recognized as the Official Gazette 
of the Province, and in at least one newspaper published in the 
District in which such Seigniory or the greater part thereof is 
situate, or iflhere be no newspaper published in such District, 
such notice shall be so published in the nearest District where- 
in one or more newspapers are published. And the Clerk of 
the Superior Court shall furnish copies of or extracts from such 

Schedule 



1854. Seigniorial Act of 1854. Cap. 3. J9 

Schedule duly certified in the usual form, to any person apply f urn ished. 

ing for the same, and may demand three pence currency for 

every hundred words or figures in any such copy or extract ; Fee therefor. 

and he shall also furnish one copy of every such Schedule on 

demand to the Seignior of the Seigniory to which it relates, 

and the costs thereof shah be paid out of the funds provided by 

this Act ; and all such copies and extracts, whether in words Their legal 

or figures, shall be deemed authentic, and shall serve as 'prima efI " ect - 

facie proof of all matters therein set forth. 

ABOLITION OF FEUDAL RIGHTS AND DUTIES. 

1 

XIV. Upon, from and after the date of the publication in the Upon the 
Canada Gazette, or other Official Gazette as aforesaid, of a g^^* 011 - ? 
notice of the deposit of the Schedule of any Seigniory as afore- depoS/ofthe 
said, every Censitaire in such Seigniory shall by virtue thereof Schedule of a 
hold his land in franc-aleu roturicr, free and clear of all Cms, f ei ^ u t °i| y ' a11 
Lods el Voiles, Droit de Banal He, Droit de Relrait and other to be held in 
feudal and Seigniorial duties and charges whatever, except the franc-aleu. 
Rente constituee which will be substituted for all Seigniorial 

duties and charges ; and every Seignior shall thereafter An . (} lne Sei " 
hold his domain and the unconceded lands in his Seigniory, ^."p 1 ^ e 
and all water powers and real estate now belonging to Quint, &e. to 
him, in franc-aleu roturicr, by virtue of this Act, and the tlie c *own. 
same and the Rentes constitutes payable to him under this Act 
by his Censitaires, or by any Seignior of whose Fief or Seigniory 
he is the Seignior Dominant, shall be held and enjoyed by him 
free and clear of all Quint, Relief ox other feudal dues or duties 
to the Crown or to any Seignior Dominant of whom his Fief or 
Seigniory is now held ; subject always, both as regards Seignior 
and Censitaire, to the provisions of this Act : Nor shall the Sei- No Seigniorial 
gnior as such after the said time be subject to any onerous obliga- [o^remain'or' 
tion towards his Censitaires, or be entitled to any honorary rights, be established. 
nor shall any land be thereafter granted by any Seignior to be 
held by any other tenure than franc-aleu roturier, or subject 
to any mutation fines or other feudal dues ; Provided always, Proviso : 
that no Seignior shall concede or alienate any part of the uncon- Seigniors not 
ceded lands in his Seigniory, until after the notice of the depo- beforlTthe 
sit of the Schedule thereof has been given as aforesaid, and any Schedule is 
such concession or alienation shall be null and void. completed. 

XV. But no right which any Seignior may have acquired by Certain 
any legal stipulation entered into before the passing of this Act, P oweis as f0 
by any deed subsequent to the deed of concession, to take f or rmlhTto 
any land for the purpose of using the water power adjoin- remain if made 
ing the same and belonging to such Seignior, on paying a f, ter the dceii 
for such land the full value thereof and of all improvements ° 
thereon, shall cease by reason of the passing of this Act, but the 

same shall remain in full force : Provided always, that the owner Proviso : 
of any land adjoining any water power so acquired by the Sei- ^j c L° f - • 
gnior, and not then used by him, may, at any time after the expi- a water° mng 
ration of one year from the passing of this Act, demand the right P ow « mQ y 
2* to 



20 



Cap. 3. 



Seigniorial Act of 1854. 



18 Vict. 



demand it in to use such water power from the Seignior on paying him the 
certain cases, full value of such right, which value, if not agreed upon, shall 
be fixed by Arbitrators, one to be named by the owner of such 
land, another by the Seignior, and the third by the other two, 
or if they disagree, then by a Judge of the Superior Court or of 
the Circuit Court, and the award of any two of them shall be 
conclusive ; and upon payment or tender to the Seignior of the 
value awarded, the owner of such land shall have the right to 
use such water power in the manner mentioned in the demand 
thereof and in the said award. 



Questions to 
be submitted 
by the Attor- 
ney General 
to all the 
Judges for 
determining 
Seignior's 
rights. 



To be filed. 



DETERMINATION OF THE LEGAL RIGHTS OF THE SEIGNIOR AND 

CENSITAIRE. 

XVI. And in order to avoid as far as may be possible, 
unnecessary expense, uncertainty and delay in the valuation of 
the several rights aforesaid, and in the completion of the Sche- 
dules of the Seigniories respectively, and all errors as to mat- 
ters of law on the part of the Commissioners under this Act, Her 
Majesty's Attorney General for Lower Canada, shall, as soon 
as may be practicable after the passing of this Act, frame 
such Questions to be submitted for the decision of the Judges of 
the Court of Queen's Bench and of the Superior Court for 
Lower Canada, as he shall deem best calculated to decide the 
points of law, which will, in his opinion, come under the con- 
sideration of the said Commissioners, in determining the 
value of the rights of the Crown, of the Seignior, and of the 
Censitaircs, and he shall file a copy of such Questions in the 
Office of the said Court of Queen's Bench, and cause a copy 
thereof to be transmitted by Post to each of the Judges of the 
said Courts ; 

They shall be 2. The said Questions shall then be published at least once 

published. a week, during six consecutive weeks, in the Canada Gazette, 

with a notice to all concerned that they have been filed as 

aforesaid, and are submitted for the decision of the said 

Judges ; 

They shall be 3. The said Judges shall take the said Questions into con si- 
taken into con- deration, and shall hear the Attorney General, or Solicitor 

sideration, and „ > , , „ , , , J _, » . * , . . 

decidedassoon General, and such Counsel as such Attorney General or Sohci- 
as possible, tor General may deem it advisable to associate with them, at as 
early a time as may be practicable after the expiration of thirty- 
days from the last publication of the said Questions in the Ca- 
nada Gazette ; and it shall be the duly of the said Judges to give 
the consideration of the said Questions and the hearing thereof 
such precedence over other matters before them, and to adopt 
such other measures with regard to them, as will ensure a 
decision thereon at as early a period as may be conveniently 
practicable ; 

Seigniors may 4^ ^ny Seignior may, at any time before the end of the said 
questions «wd period of" thirty days after the last publication of the said Ques- 
prpppsition*, fjons, or with leave of the said Judges at any time before the 

hearing 



1854. Seigniorial Act of 1854. Cap. 3. 21 

hearing thereon, cause an appearance to be filed for him in the 
Office of the Court of Queen's Bench, in the matter of the said 
Questions, and having caused such appearance to be so filed, 
shall be entitled to be heard by his Counsel upon such Questions, 
and may submit any supplementary or counter-questions and 
may append to every such Question, a Statement of the Pro- 
position or Propositions he intends to maintain with regard 
thereto ; but no more than five Counsel shall be heard on Number of 
the part of all the Seigniors so appearing except by special Counsel limit- 
permission of the Court, and if more claim to be heard, the ecL 
Judges shall decide between them which shall be heard ; 

5. The Censitaires of any Seigniory acting by their Agent to be And so may 
elected in the manner provided by the eleventh Section of this Act, censitaires. 
may also in like manner and within a like delay cause an ap- 
pearance to be filed for them in the Office of the said Court, and 

having so done shall be entitled to be heard by their Counsel 

upon the questions filed by the Attorney General as well as upon 

any questions or propositions filed by any Seignior, and may 

submit supplementary or counter-questions or propositions to 

those of the Crown or of any Seignior ; but no more than five Number of 

Counsel shall be heard on the part of all the Censitaires, unless e ™ nhe imi " 

by the special permission of the Court, and if more claim to 

be heard, the Court shall decide between them which shall 

be heard ; 

6. No publication or service of any such supplementary or copies of 
counter-questions or propositions shall be necessary, but the counter- ques- 
same shall be printed, and, when they are filed, at least fifty tl0 '™> &c - to 
copies thereof shall be delivered to the Clerk of Appeals, t0 & \\ parties, 
who shall give copies to the Attorney General and to the 
Advocates appearing for Seigniors or Censitaires ; 

7. From the expiration of the said thirty days after the last Howtheques- 
publication of the said Questions, the matter shall be dealt with tions shall be 
by the said Judges, as if an appeal were pending and inscribed lear( ' 

and ready for hearing, in which the said Questions had arisen 
for decision, but no case, or pleadings, or other proceeding than 
such as are herein prescribed shall be required previously to 
such hearing ; no technical objection of procedure shall be en- 
tertained, and if any question arise as to the proceedings in any 
matter not provided for by this Act, the Judges sitting shall 
instanter make such order therein as shall seem most equitable 
and convenient ; 

8. The decision and opinions of the said Judges shall be Form of 
motivees and delivered as in a judgment on a case in appeal in decisions, 
which all the Questions had arisen and were put in issue, but 
without any further sentence in favor of the Crown the Seig- 
niors or the Censitaires, whether as to costs or otherwise ; 

9. The decision so to be pronounced on each of the said Effect of deci* 
Questions and Propositions shall guide the Commissioners and sio»s. 

the 



22 Cap. 3. Seigniorial Act of 1854. 18 Vict. 

the Attorney General, and shall in any actual case thereafter 

to arise, be held to have been a judgment in appeal en dernier 

rcssort on the point raised by such Question, in alike case, 

Proviso. though between other parties ; Provided always, that it shall 

be competent to the said Judges to render separate decisions 

Proviso : in upon any particular question or questions ; And provided also, 

what case an that if, as to any such decision, there be any dissentient 

appea s ia j u dg Gj cither party may, within one month, by summary 

petition duly notified to the others, appeal from such decision to 

Her Majesty in Ker Privy Council ; but otherwise, there shall 

be no appeal from any such decision ; 

Special Session 10- The Governor may at any time and from time to time, by 
to be held for Proclamation, direct a Special Session of the said Judges to 

ofXTcT be held at the Cit y of Q uebec or at the Cit y of Montreal, and 
to commence on the day to be named for that purpose in such 
Proclamation, which shall be issued at least twenty clear days 
before the commencement of such Special Session ; and to any 
such Special Session all the provisions of the Act constituting 
the said Court of Queen's Bench, and of the law with regard 
to the ordinary terms of the said Court {Appeal side) shall 
Quorum. apply ; except that at every such Special Session, nine of the 

said Judges shall be a Quorum : and the Questions to be pro- 
posed under this Act, and no other business, shall be taken up 
Duration. at such Session ; and such Special Session shall continue 
until no further matter or proceeding relating to this Act shall 
be before the said Judges, who shall at such Session form a 
Proviso. special Court for the purposes of this Act; Provided always, 

that if for the purpose of holding any term, either of the 
Court of Queen's Bench or Superior Court, it become neces- 
sary to suspend the sittings of such Special Session, the 
Judges shall adjourn such Special Session to the first convenient 
Adjournment { \- ci y after the close of such term; and the said Special Court 
may, after hearing all parties on the various matters submitted 
to them, adjourn for the purpose of rendering judgment only, to 
any day thereafter, on and after which day they may adjourn 
for the like purpose ; and such adjournments for rendering 
judgment may be to any day during or between any terms of the 
Proviso : said Court of Queen's Bench or Superior Court ; And provided 

terms of other a i s0? that it shall be lawful for the Governor, by any proclama- 
luTpena'ed&c 1 ' t ' on directing such Special Session, to suspend or postpone any 
or Assistant ' Term or Terms of either of the said Courts, or to alter the duration 
Judges ap- thereof; and also to name any Circuit Judge or Judges, or Bar- 
pomtfi . nster or Barristers of at least ten years' standing at the Bar of 

Lower Canada, to be and act as Assistant Judges of the said 
Courts, or of either of them, during the pendency of any such 
Special Session, and of all adjournments thereof, and for such 
term of time before or after as he may deem necessary ; and 
every person so named shall, for the term of such appointment, 
have all the powers of a Judge of the Court whereof he shall 
Who shall nave Deen named an Assistant Judge, except the powers given 
preside atsuch by this Act. The presiding Judge at every such special session 

shall 



for renderin 

judgment. 



1854. Seigniorial Act of 1854. Cap, 3. 28 

shall be the Chief Justice of the Court of Queen's Bench if Special Ses- 



sion. 



present : if absent, the Chief Justice of the Superior Court, and 
in the absence of both Chief Justices, the Senior of the Puisne 
Judges of the Court of Queen's Bench then present. 

PROVINCIAL APPROPRIATION FOR RELIEF OF CENSIT AIRES AND 
EXPENSES OF THIS ACT. 

XVII. The emoluments and disbursements of the Commis- Expenses 
sioners who shall be appointed under this Act, with the ex- under thi# Act 
penses to be incurred under the same, shall be paid out of low p 

the Consolidated Revenue Fund of this Province, by Warrant 

of the Governor : and a sum not exceeding in the whole what Fund for other 

shall remain of the amount hereinafter limited after deducting purposes of 

therefrom the said emoluments, disbursements and expenses lb c * 

may likewise be paid out of the said Fund for the purposes of 

this Act : and it shall be lawful for the Governor in Council to Money may 

cause any sum or sums not exceeding in the whole the sum be raised by 

required for defraying the expenditure authorized by this Act, Debentures. 

to be raised by Debentures to be issued on the credit of the 

said Consolidated Revenue Fund, in such form, bearing such 

rate of interest, and the principal and interest whereof shall be 

payable out of the said Fund at such times and places as 

the Governor in Council shall think most advantageous for the 

public interest : and the moneys so raised as aforesaid shall 

make part of the said Consolidated Revenue Fund of this 

Province : Provided always, that 'the total amount of moneys p 10V i S0 . 

to be paid, whether in money or debentures, under this Act, total amount 

shall not exceed by more thaiAme hundred and fifty thousand lirm ted. 

pounds, the sum of which the average yearly proceeds of the 

other sources of Revenue hereinafter mentioned (upon an 

average of the last live years) would be the yearly interest at 

six per cent per annum added to the value of the Crown's rights 

in the Seigniories affected by this Act. 

XVIII. The moneys arising from the following sources of Special appro- 
Revenue, shall.be and are hereby specially appropriated to priated money 
make good to the said Consolidated Revenue Fund, the amount irom certam 
which may be taken out ol the same for the purpose of paying 

the sums charged upon it under the next preceding section, 
that is to say : 

All moneys arising from the value of the rights of the Crown, Crown rights 
from droits cle Quint and other dues, in or upon the Seigniories >n Seigniories. 
of which the Crown is Seignior Dominant, and which are to be 
commuted by this Act as such value shall be fixed by the 
Schedules of the said Seigniories respectively, and all arrears 
of such dues ; 

All moneys arising from the Revenues of the Seigniory of Lauzon, 
Lauzon, or from the sale of any part of the said Seigniory 
which may hereafter be sold, and all arrears of such Reve- 
nues j 

All 



24 



Cap. 3. 



Seigniorial Act of 1854. 



18 Vict. 



Auction duties. All moneys arising from Auction Duties and Auctioneers' 

Licenses in Lower Canada ; 

Shop licenses. All moneys arising in Lower Canada from licenses to sell 

spirituous, vinous or fermented liquors by retail in places other 
than places of Public Entertainment, commonly called Shop 
or Store Licenses ; 

Tavern licen- All moneys which shall arise from Tavern Licenses in 

see in certain Lower Canada, after the present charges on that Fund shall 
cases. have been paid off, except however such portion of that Fund 

as shall be levied in the Townships. 



Separate ac- 
counts to be 
kept with a 
view to an 
appropriation 
lor Upper 
Canada pur- 
poses. 



How the mo- 
ney hereby 
appropriated 
shall be ap- 
plied in aid 
or' the censi- 
taires. 

Value of 
Crown rights 
in each Sei- 
gniory to be 
given the 
i (nisi I aires 
therein, in 
reduction of 
commutation 
for lods et 
ventes. 



Remainder 
among all the 
Seigniories in 
proportion to 
the charges on 
each. 

How the aid 
shall be ap- 
plied : 



And separate accounts shall be kept of all moneys arising 
from the sources of Revenue aforesaid, and of the moneys dis- 
bursed under this Act, allowing interest on both sides at the 
then current rate on Provincial Debentures, to the end that if 
the sums payable out of the Consolidated Revenue Fund 
under this Act, shall exceed in the whole the total amount of 
the sums arising from the sources of Revenue so specially ap- 
propriated and any interest allowed thereon as aforesaid, a sum 
equal to such excess may and the same shall be set apart, to 
be appropriated by Parliament for some local purpose or pur- 
poses in Upper Canada. 

XIX. The Special Fund constituted as aforesaid for the pur- 
poses of this Act, shall, after deducting the expenses incurred 
under this Act, be appropriated in aid of the Censitcdres in 
the several Seigniories, in the following manner : 

2. The sum to be established as the value of the rights of the 
Crown in each Seigniory as aforesaid, and the difference 
between the absolute value in franc-aleu rolnrier of all uncon- 
ceded lands, waters and water powers in the Seigniories and 
the value of the Seigniors' rights therein, shall be appropriated 
in aid of the Censitaires of such Seigniory in reduction of 
the rentes constitutes representing the lods et ventes or other 
mutation fines therein, by an equal per centage of reduction 
on each such rente ; 

3. The remainder of the said Special Fund shall be ap- 
portioned by the Receiver General (amongst the several Sei- 
gniories to which this Act extends,) giving to each an equal per 
centage on the total amount of the constituted rents established 
by the Schedule of each such Seigniory, after deducting the 
value of the Crown's rights therein ; And the sum as appor- 
tioned to each Seigniory shall be applied by the Receiver Ge- 
neral in the following order, which shall be the order of charges 
thereon : 



To redemption 1st. To the redemption of so much of the said rentes consti- 
ofcommuta- /^^representing the lods et ventes or other mutation rines 

in 



1854. Seigniorial Act of 1854. Cap. 3. 25 

in the Seigniory as may remain after the reduction made tion money of 
by the application of the value of the Crown's rights as lods et rentes ; 
aforesaid, by an equal per centage of reduction on such re- 
maining rentes in each case ; 

2dly. To the redemption of the rentes constitutes representing Of banality; 
the Banality in the Seigniory, by an equal per centage of reduc- 
tion on each such rente ; 

3dly. To the redemption of the rentes constitutes representing 0f censet 
the cens et rentes and other charges on lands held for Agricul- rentes exceed- 
tural purposes in the Seigniory, by an equal per centage of ln s id. per 
reduction on each such rente constitute, exceeding the rate of ipen ' 
one penny half penny per annum, per arpent ; 

4. The reduction of such rentes constitutes shall always be Reduction of 
in proportion to the capital sum applied to effect such reduction, ren *e in any 
the reduction being equal to the legal interest of such capital ; case; 

5. The sums so apportioned for each Seigniory shall belong Sum appor- 
to the Seignior thereof, subject always to the right of the { loned to be " 
Seignior Dominant, and shall be dealt with in every respect, Seizors? 6 
as moneys paid in redemption of the rentes constitutes mentioned 

in the Schedule of such Seigniory, subject to the special provi- 
sions hereinafter made. 

APPLICATION OF MONEYS ARISING FROM TUB REDEMPTION OF 
SEIGNIORIAL RIGHTS, &C. 

XX. Every proprietor of a Seigniory who shall have within Oppositions to 
his mouvance another or several fiefs, (unless the value of his be nled b y. 
rights has been entered in the Schedule thereof), and every per- cTa7ms S on Vm ° 
son having an hypothecary claim on any Seigniory the Schedule Seigniories. 
relative to which shall be deposited in the office of the Clerk of 

the Superior Court in the District in which such Seigniory or part 
thereof is situate, must, for the preservation of his privileges, 
within six months from the date of the notice in the Canada 
Gazette of the deposit of the Schedule of such Seigniory, file 
an opposition to the distribution of all moneys arising or which 
may arise from the redemption of the Seigniorial rights in such 
Seigniory ; every such opposition shall be filed in the said Effect and 
office and have effect for thirty years, unless sooner withdrawn, cuiratl0n of 
or by Judgment of the Court dismissed ; and if any such op- opr ° sl on * 
position be renewed within a less time than thirty years, the 
opposant shall only be entitled to the costs of one single op- 
position ; and while such opposition shall so remain in force, 
any Censiiaire who shall pay the capital or redemption money, 
of the rente constitute to the Seignior, shall do so at his peril, 
and on pain of being liable to any such opposant for any loss 
he may thereby sustain. 

XXI. All minors, interdicted persons and married women, What parties 
even in the case of dower not yet open {non encore ouvert,) and must flle °P* 

all 



26 



Cap. 3. 



Seigniorial Act of 1854. 



18 Vict. 



positions to 
preserve 
their privi- 
leges. 



all who have entailed or contingent, rights, by themselves or their 
tutors, curators, husbands or others, who may act for them, 
shall be also required, for the preservation of their privileges, 
to file theii opposition to the distribution of all such moneys 
in the manner provided in the next preceding section: but 
tutoijs, curators, husbands or others who shall have neglected 
to file such oppositions shall, nevertheless, continue to be res- 
ponsible towards the persons under their charge or authority for 
any loss which may result from iheir negligence in the said 
behalf. 



In default of 
opposition 
Seignior may 

receive his 
share of the 
fund, &c. 



Anct the capi- 
tal of the 
rentes consti- 
tutes. 



XX If. If, after the expiration of six months, from the date 
of the first publication in the Canada Gazette of the Notice by 
the Receiver General of the Deposit of the Schedule of the 
Seigniory in which such land is situate, the possessor of such 
Seigniory produce to the Receiver General a certificate, granted 
by the Clerk of the Superior Court for the District in which 
the Schedule relative to such Seigniory, or a triplicate thereof, 
is deposited, stating that there is no opposition to the payment 
of the redemption moneys in such Seigniory, the said Receiver 
General shall pay to the said Seignior, on his giving a duplicate 
re< iipt therefor, the amount of any moneys coming to such 
S< ignior out of the Special Fund hereinbefore mentioned, 
with interest thereon, at six per cent per annum, to be 
computed from the date of the said notice, and thereafter the 
Seignior shall have lull right to receive the price of the rentes 
constitutes in his Seigniory directly from the Censitaires^ and 
to deal with such rentes as he shall see fit. 



How money 
in Receiver 

General's 
hands shall be 
df';ilt with in 
case of opposi- 
tion tiled. 



XXIII. Whenever the Receiver General shall have as- 
certained the amount of money coming to any Seignior out of 
the Special Fund hereby appropriated in aid of the Censitaires, 
and there shall be an opposition filed as aforesaid to tie dis- 
tribution of such money, the Receiver General shall deposit a 
certificate of the said amount in the hands of the Clerk of the 
Superior Court in the District wherein the Schedule relative to 
the said Seigniory, shall have been deposited ; and the said 
Court shall make the distribution of the said moneys among the 
opposants, according to the order of their hypothecs, and the pre- 
ference of their respective privileges ; and the Receiver General 
shall pay the same to the Clerk of the Court to be distributed 
according to such order, but the interest on any sum coming to 
a Seignior, and in the Receiver General's hands, shall always 
be payable to such Seignior. 

Corporations, XXIV. All persons holding in mortmain, corporations,* tutors, 
emrKswered to curators an( l administrators possessing lands held en roture, or 
pay off the ca- persons holding entailed Lands the rentes constitutes upon which 
pital of renin may be redeemed with advantage to those whom they represent, 
under this Act n,MV ( '^ ( - ( '* the redemption of any rente constitute under the provi- 
sions of this Act by paying the price of redemption out of the 
moneys of those whom they represent : Provided that tutors, 

curators 



P] 



1854. Seigniorial Act of 1854. Cap. 3. %f 

curators and usufructuary proprietors (usufruitters) and holders 
of entailed lands, observe the formalities required by law in the 
alienation of the property of the persons whose rights shall be 
represented by them ; but persons holding in mortmain and 
corporations shall not be required to observe any other formality 
in or before the redemption of any such rente constitute than those 
prescribed by this Act. 

XXV. And it shall be lawful for the several religious or Religious 
ecclesiastical communities, holding in mortmain Fiefs or communities 
Seigniories in Lower Canada, to invest from time to time, as seigniories 
they shall see fit, in any lands or tenements in this Province, may invest 
or in any public or private securities in this Province, which commutation 
they shall deem the most advisable or advantageous to their ^oxl. m ICa 
respective communities, any sums of money that may accrue 

to them from the redemption of any rente constitute created 
under this Act, or out of the Special Fund appropriated by this 
Act. 

DESTINATION AND LEGAL CHARACTER OF PROPERTIES AND 
RIGHTS HEREAFTER TO REPRESENT SEIGNIORIES. 

XXVI. In respect of all rights acquired in, to or upon, any As respects 
Seigniory before the publication in the Canada Gazette of the claims exist- 
notice of the Receiver General of the deposit of the Schedule of u -f. befo r e the 

^ . -i-ii i c i • i „ notice of depo- 

any Seigniory m his lianas, ana Jor the preservation whereof sit ottheSche- 
an opposition shall have been filed within six months from the duI ?> and for 
date of the said publication, all lands and real rights which at S^Is^haSfSe" 
and immediately before the 'passing of this Act were held filed, the 
by the Seignior as part of his Seigniory, all rights secured rente8 consti- 
to him under the Schedule thereof," all rentes under this Act ££ltl!8hM 
to be created, all moneys to arise from the redemption of the Seigniory. 
any such rentes, or to be received by the Seignior out of the 
aid granted by this Act to the censitaires towards the re- 
demption of Seigniorial rights, duties and dues, and all pro- 
perties and rights so by such Seignior acquired as to represent 
such moneys, shall be held and taken as though attached to the 
domaine of such Seigniory, and as representing such Seigniory ; 
but in respect of all rights thereafter to accrue, or for the pre- As regards 
serration whereof no opposition shall have been filed within olher !'* hts 
the dela) aforesaid, all such lands, rights, rentes and moneys shallbe d?s- * 
shall be held and taken to be, and shall he to all intents se- tinct proper- 
parate and independent properties and rights ; and it shall not ll0S * 
be requisite thai any person, in order to the holding, recovery 
or enforcement of any thereof, should qualify himself as being, 
oi as ever having been, a Seignior. 

XXVII. All rentes constitutes to be created under this Act, Privileges for 
shall have the same privileges excausd as the right of the bail- securing such 
leur de fonds, and the like preference over all other hypothecary rentes ' 
claims affecting the land, as any Seigniorial dues uponor arising 

out of such land would have had previous to the redemption of 

the 



28 Cap. 3. Seigniorial Act of 1854. 18 Viot. 

the said dues, without any registration in any Registry office 

No more than t° that end ; but the Creditor shall not have the right to recover 

five years' ar- more than five years' arrears of any such rent ; and in default 

recoverable °^ moveaD l es out of which the amount of any judgment for such 

arrears, though amounting to less than Ten Pounds currency, 

may be levied, execution may issue against such land after a 

delay of one year from the date of such Judgment, and not 

sooner. 

In what cases XX VIII. Every rente constitute established by virtue of this Act, 
any such shall always be redeemable by consent of the owner of the land 
redeemable. G andofthe Seignior, in cases where the Seignior has the right to the 
capital thereof for his own use, and not otherwise ; but if the 
Seigniory be entailed (substitute) or held by a tutor, curator or 
usufructuary proprietor (usufruitier), and an opposition be filed 
and then in force, the rente and arrears only shall be received, 
subject always to the exception in the next following section, 
which shall apply to all cases of redemption of such rentes. 

Such rentes XXIX. Provided always, that it shall not be lawful to 

shall be re- redeem any such rente constituee except by the consent of the 
evcr'/case 1 ']! Seignior having the right to the capital thereof for his own use, 
paid ofl'ut once at any other time in any year than the day on which 
§"•*? whole such rente is payable ; But provided also, that at any 
time, and whether the Seignior have or have not the 
How the right to the capital of the rentes constitutes under this Act, for his 
moneTshall own use > it shall be lawful for the Censitaires in any Seigniory to 
be dealt with, redeem by one payment all the said rentes constitutes then re- 
maining in the Seigniory, and. in such case the redemption 
money shall be paid to the Seignior, if there be then no opposition 
tiled as aforesaid and in force ; and if there be such opposition, 
then it shall be paid to the Receiver General, and shall be 
dealt with in all respects as money coming to the Seignior out 
of the Special Fund appropriated in aid of the Censitaires ; 
Money may an( ] the paying of such redemption money shall always be one 
raSfor this °* the P ur P oses f° r which money may be raised on the credit 
purpose on the of the Consolidated Municipal Loan Fund for Lower Canada, 
credit of the under any law in force for raising money on the credit of such 
Fund : and the redemption money under this Section shall 
always be the capital sum of which the rentes redeemed shall 
be equal to the legal interest, unless another rate be agreed 
upon by the Censitaires and a Seignior having the right to 
such redemption money, for his own use. 

MISCELLANEOUS PROVISIONS. 

DSeret not to XXX. No sale under Writ of Execution (par dicrei) shall 
gniorial^ighta nave me en<>ect °f liberating any immoveable property then 
or any rente or theretofore held a Hire de cens, and so sold, from any of 
constituee t | ie rights, charges, conditions or reservations established in 
[hem, SenUng respect of such immoveable property in favor of the Seignior, 
due before the completion of the Schedule of the Seigniory in 

which 



municipal loan 
fund. 



1854. Seigniorial Act of 1854. Cap. 3. 29 

which such property lies, or from any rente constituee payable 
thereon under such Schedule, hut every such immoveable 
properly shall be considered as having been sold subject there- 
after to all such rights, charges, conditions or reservations, 
without its being necessary for the Seignior to make an oppo- 
sition for the said purpose before the sale. 

XXXI. If notwithstanding the provisions of this Act, any op- Opposition for 
position afinde charge be made hereafter for the preservation such rights or 
of any of the rights, charges, conditions or reservations men- J^j e to 
tioned in the next preceding section of this Act, such oppo- 
sition shall not have the effect of staying the sale, and the Op- 

posant shall not be entitled to any costs thereon, but it shall be 
returned into Court by the Sheriff after the sale, to be dealt 
with as to law may appertain. 

XXXII. The Seignior of whom any land the tenure of which s e j£ ni01 .> s 
shall be commuted under this Act, was held, shall be maintained, privilege for 
in his privileges and hypothecs on the land, for the payment of all arrears before 
arrears of Seigniorial rights lawfully due at the time of such maintained. 
commutation. 



CERTAIN LANDS DECLARED TO BE AND TO HAVE BEEN 
HOLDEN IN FRANC-ALEU ROTURIER. 

XXXIII. All lands which any Seignior has, by any Act (Acte) Lands hereto- 
or Deed in writing heretofore executed, released or agreed to fore commuted 
release from all Seigniorial rights in consideration of the pay- *? be h ^ lfl "* 
ment of any sum oi money or ot any annual rent, are hereby 
declared to be and to have been from the day of the date of 

every such Act (Arte) or Deed, free from all such Seigniorial 
rights and holden in franc-aleu rdturier ; but the Commis- Rentes impo- 
sioners, for the purpose of making the Schedules of Seigniories sed on lhpm 
in which any such lands are situate, shall deal with ail such dSrned &c. 
lands as if they were now held en roture, and when the same are 
liable to an annual rent, shall establish and specify in the Sche- 
dule the capital of every such rent, in order that the same may 
be redeemed by the person liable therefor, in the same manner 
as any rente constituee established by this Act. 

XXXIV. All lands upon which mortmain dues (des droits Certain lands 
dHndemnite) have been paid to any Seignior, and which have on which 
not been sold or conceded since such payment to parties ™ ort ™ uin dues 
holding otherwise than in mortmain, are hereby declared paid, tolbe 

to be and to have been from the day of the date of such pay- held in franc* 
ment or of any Act (Acte) or Deed in writing, binding the alm ' kc ' 
owner to pay the same, released from all Seigniorial dues 
and duties and held en franc-aleu roturier, but subject to the 
payment of a rente constitute equal to the cens and rent legally 
d\V: thereon. 

WTBlPaETATIfl 



30 Cap. 3. Seigniorial Act of 1854. 18 Vict. 

INTERPRETATION AND EXTENT OF THIS ACT. 



Art not to ex- 
tend to certain 

.Seigniories. 

Seigniory of 
the Seminary 
of St. Sulpice, 
and certain 
fiefs held of it. 



Crown and 
Jesuits' Sei- 
gniories. 
Ordnance 
Seigniories. 
Certain lands 
in Sherrington. 
Act of L. C. 
3 Geo. 4, 
c. 14. 
Proviso: 
Governor may 
grant equal 
advantages to 
censitaires in 
Crown Sei- 
gniories. 



Act not to af- 
fect arrears, 
&c. 



seignior's 
rights to be 
determined 
as they stood 
before the 
passing of this 
Act. 



XXXV. And, for the interpretation of this Act — Be it enacted , 
That none of the provisions of this Act shall extend to the 
wild and unconceded lands in Seigniories held by the Crown 
in trust for the Indians, nor to the Seigniories held by the Ec- 
clesiastics of the Seminary of St. Sulpice of Montreal, nor to either 
of the Fiefs Nazareth, Saint Auguslin, Saint Joseph, Ciosse and 
Lagauchetiere, in the City and County of Montreal, nor to any 
oilier arriere-fief depending upon (relevant de) any of ihe said 
Seigniories, nor to the Seigniories of the late Order of Jesuits 
or other Seigniories held by the Crown and not above men- 
tioned, nor to the Seigniories held by the Principal Officers of 
Her Majesty's Ordnance, nor to any lands held en franc-alcu 
noble and granted under and by virtue of the Act of 1 lie Par- 
liament of the late Province of Lower Canada, passed in the 
third year of the Reign of His late Majesly King George the 
Fourth, and intituled : An Act for the relief of certain censitaires 
or grantees of La Salle and others therein mentioned^ possessing 
lands within the limits of the Township of Sherrington : Provided 
always, that the Governor in Council may if he shall see fit, grant 
to the Censitaires of the Crown Seigniories the Revenues whereof 
belong to the Province, (including the Seigniories of the late 
order of Jesuits), upon commutation of their lands, equal 
advantages and relief as are hereby granted to the Censitaires 
of Seigniories not excepted from the operation of this Act. 

XXXVI. Nothing herein contained shall affect the right 
to, or the recovery of_, any arrears of Seigniorial dues accrued 
before the passing of this Act, or shall give any person 
whomsoever any right of action for the recovery of money 
or other value paid by him or his predecessors in the form of 
rents or other Seigniorial dues, or for the recovery of damages 
which he may pretend to claim for the privation of any right 
of which he may deem that he has been illegally deprived by 
his Seignior, unless he would have had such right of action if 
this Act had not been passed ; nor shall any thing in this Act 
be construed to weaken or to support any claim of any Seignior 
or of any Censitaires to any right claimed by or for them res- 
pectively, at the hearing on the questions and propositions to be 
submitted under this Act to the Judges for their decision, but the 
same shall be decided by the law as it stood immediately before 
the passing of this Act. 



Interpretation 
of words : 

Seigniory ; 



Seignior 



XXXVII. The word " Seigniory," wherever it occurs in this 
Act, shall be construed as meaning any part of a Fief, arriere- 
fief ox Seigniory held by a single individual, or by a Corpora- 
tion, or held by several persons in common (par indivis) as well 
as the whole of afiefi arriere-fief or Seigniory, except in such 
parts of this Act in which the words "arriere-fief" and " Seig- 
niory" are made use of to distinguish the Fief dominant from 
the fief servant ; and the word " Seignior" shall be construed as 

meaning 



1854. Seigniorial Act of 1854. Cap. 3. 31 

meaning any Corporation, or any sole proprietor, and all per- 
sons who are proprietors in common (par indivis) of any part of 
a Fief, arrierc- fief or Seigniory, as well as any person or Cor- 
poration, being sole proprietor, and all persons, proprietors 
jointly and par indivis of the whole of any such Fiifarricre-fief, 
or Seigniory : the words " Seignior" and " Censitaire" shall ap- Seignior and 
ply to the owner of any rente constitute created under this Act, eensitaire > 
and the person charged therewith, respectively, as well as 
to the owner of and person charged with the rights and 
duties represented by such Rente ; the words " Seigniorial Seigniorial 
Rights," whenever they occur in this Act, shall include and be ri S hts '■> 
construed as including all rights, duties, charges, obliga- 
tions, and Seigniorial or feudal dues whatsoever ; the word 
" Land " shall mean any lot, piece or parcel of land, and Ldnd - 
shall include the buildings thereon constructed, and all its ap- 
purtenances. 

XXX VIII. The Legislature reserves the right of making Right to 
any provision, declaratory or otherwise which may be found amend this Act 

r 7 ., J c r n \ ,, • , , in furtherance 

necessary lor the purpose oi lully carrying out the intent of its intent 
of this Act ; which intent, is declared to be, — to abolish reserved, 
as soon as practicable, all feudal or Seigniorial rights, Its j nten t 
duties and dues, substituting therefor rentes constitutes declared, 
of equal value, — to grant to the Seignior a fair indemnity, and 
no more, for all the lucrative rights which the law gives him, 
and which this Act will abolish, — to preserve the rights of third 
parties, unless such rights be lost, by their own neglect or 
laches ; — and to aid the eensitaire out of the Provincial Funds 
in the redemption of those Seigniorial charges which interfere 
most injuriously with his independence, industry and enter- 
prise ; and every enactment and provision of this Act shall 
receive the most liberal construction possible with a view to 
ensure the accomplishment of the intention of the Legislature, 
as hereby declared. 

XXXIX. The " Interpretation Act" shall apply to this Act. Interpretation 

J ll J Act to apply. 

XL. This Act shall be known, cited and referred to as Short title. 



" The Seigniorial Act oi 1854." 



XLI. This Act shall apply to Lower Canada only. ExtentofAct. 

FORM A. 

Public notice is hereby given that the Schedule (of the fief, 
ar ri 'ere- fief or of the Seigniory) of (name of fief arriirefief or Sei- 
gniory) showing the rentes constitutes into which the feudal and 
Seigniorial rights, dues, charges, obligations and rents due and 
payable upon each land in such (fief ctrriere-fief or Seigniory) 
are converted, is completed, and that a triplicate thereof has 
b^en deposited in the offjee of the Receiver General, and 

another 



32 



Cap. 3. 



Seigniorial Act of 1854. 



18 Vict 



another in the office of the Superior Court in the District of 
and that the third remains in the possession of the undersigned, 
(Here give the name of the locality in which the Commissioner 
is sitting^ and the date.) 

Commissioner under 
A. B. ( the Seigniorial Act of 
1854. 



Quebec : — Printed by S. Derbishire and G. Desbarats, 

Law Printer to the Queen's Most Excellent Majesty.